GARCIA v. PENNSYLVANIA STATE POLICE et al

Filing 11

ORDER THAT DEFENDANTS' MOTION IS GRANTED AS TO ALL CLAIMS AGAINST DEFENDANT PENNSYLVANIA STATE POLICE, COUNT I AGAINST TROOPER HIBSON AND TROOPER MCDERMOTT IN THEIR OFFICIAL CAPACITIES AND AS TO ALL CLAIMS IN COUNTS II AND III; IT IS ORDERED THA T DEFENDANTS' MOTION IS DENIED AS TO COUNT I AGAINST TROOPER HIBSON AND TROOPER MCDERMOTT IN THEIR INDIVIDUAL CAPACITIES AND AS TO COUNT IV. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 10/14/2011. 10/14/2011 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
JOSE GARCIA,
:
CIVIL ACTION
Plaintiff,
:
:
v.
:
:
PENNSYLVANIA STATE POLICE,
:
TROOPER KEVIN P. HIBSON, Individually and in :
His Official Capacity as a Pennsylvania State
:
Trooper, Dublin Station and
:
TROOPER WILLIAM MCDERMOTT,
:
Individually and in His Official Capacity as a
:
Pennsylvania State Trooper, Dublin Station,
:

NO. 11-4073

Defendants. :
__________________________________________:
ORDER
AND NOW, this 14th day of October, 2011, upon consideration of Defendants’
Partial Motion to Dismiss (Dkt. No. 3), filed on July 29, 2011 and Plaintiff’s Response (Dkt. No.
5) filed on August 23, 2011,
IT IS ORDERED that Defendants’ Motion is GRANTED as to all claims
against Defendant Pennsylvania State Police, Count I against Trooper Hibson and Trooper
McDermott in their Official Capacities and as to all claims in Counts II and III;
IT IS ORDERED that Defendants’ Motion is DENIED as to Count I against
Trooper Hibson and Trooper McDermott in their Individual Capacities and as to Count IV.

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN
United States Magistrate Judge